Self-Defense in a Bar Fight

[leroy]

I am conducting legal research for the state of: FL


I was involved in a self defense situation at a bar, where I spontaneously punched someone (cocktail glass in my hand)after being punched first and he lost his eye.

I was arrested and charged with aggravated battery with deadly weapon and am out on a bond. The case is going thru the channels, set to go for trial in a couple of months. Anyone know of any case laws that would help me?

Also I have a green card and want to travel (for someones wedding) to canada next week, the case is still pending trial and no prior arrests or convictions on me. Does anyone know if i can enter canada and more importantly re enter the us without any problems. I dont want to take any chances.

Do they have a record of arrests?

Please help me
LP

[KeyWestDan]

I doubt that Canada has access to NCIC arrest records. It is possible by treaty but I have never heard of it.

There is a visa you can get for 3 days even if you are otherwise denied that usually is for business purposes and costs $200 on the spot. Do not recall what it is called.

I trust your attorney is fighting the case on all elements of the case. Every crime has multiple elements and each element must be proved beyond a reasonable doubt. A drinking glass is NOT a deadly weapon, for instance. There is tons of case law on the fact that common objects (unless carried and used as a weapon, such as a hammer) are not deadly weapons.

You were overcharged and do not let your attorney go along with a jury charge for a lesser included offense. Make them prove what they charged you with. I don't think they can. Also, if you were punched first and were in fear of serious personal injury or death if you did not defend yourself, then self defense is a viable defense argument.

Also, you really need to fight this because if you are found guilty you will probably be sued for tons of money. If found not guilty you might still be sued because the burden of proof is different, but your position will be immensely improved. It is hard to collect money for something a person brought upon themselves and you couldn't forsee the consequences.

[Mr. Knowitall]

Given that you're an immigrant, I would suggest working with a good criminal defense lawyer and an immigration lawyer.

You've given us inadequate information to comment on whether or not you have a plausible "self defense" argument. Being hit by somebody doesn't give you the automatic right to hit them back as "self defense". Escalating the level of violence in a fight is not self-defense. You haven't indicated that you felt any fear for your safety at the time you struck your blow.

The prosecutor can proceed on two theories - first that you were using the glass as a deadly weapon, and second that you knowingly or intentionally caused the injury that resulted from your blow.

(1)

(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

You presumably will be arguing that you didn't mean to use the glass as a weapon or to cause injury; it was just unfortunate that you had it in your hand at the moment you chose to strike him with that hand. The prosecutor will presumably argue that you were deliberately using the glass as a weapon with the intent to inflict a serious injury. If it goes to trial, the jury will decide which story is more plausible.

You can research case law at sites like lexisone.